Affirmed the trial Court's dismissal of the divorce suit based on desertion, holding that the appellant could not raise a new ground of cruelty at the appellate stage as it was never framed or tried.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
FAM No. 231 of 2018
Krishna Kumar S/o. Shri Kunjram, aged about 42 years, Caste Satnami, R/o. M.Q. 904, Pragti Nagar, Deepka, Tahsil Katghora, District Korba (C.G.)
---- Appellant
Versus
Smt. Punita W/o. Krishna Kumar Sonwani, Aged about 35 years, Caste Satnami, R/o. Hardi (Jarve), Police Station Balod, Tahsil Akaltara, District Janjgir Champa (C.G.)
---- Respondent
For the Appellant :- Mr. Punit Ruparel, Advocate For the Respondent :- Mr. Ashutosh Trivedi, Advocate
Shri Justice Prashant Kumar Mishra Hon'ble Smt. Justice Vimla Singh Kapoor,
Order on Board By
Prashant Kumar Mishra, J .
13.12.2018
2
3
Sd/Sd/-
Judge Judge Prashant Kumar Mishra Vimla Singh Kapoor
Santosh
1 issue framed by the court
Whether the appellant is entitled to a decree for divorce on the ground of cruelty after it was not framed as an issue and tried by the trial court.
Krishna Kumar S/o. Shri Kunjram
Smt. Punita W/o. Krishna Kumar Sonwani
Prashant Kumar Mishra
Vimla Singh Kapoor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
